SOUTHWESTERN BELL TEL. CO. v. M. H. BURTON CONST. CO.

No. 47082.

549 P.2d 1214 (1976)

SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri Corporation, Appellee, v. M.H. BURTON CONSTRUCTION COMPANY, an Oklahoma Corporation, and J.D. Smith, an Individual, Appellants.

Supreme Court of Oklahoma.

As Amended April 12, 1976.

As Corrected on Denial of Rehearing May 25, 1976.


Attorney(s) appearing for the Case

Robert D. Allen, William J. Free, Nancy Batchelor, O. Carey Epps, Thomas J. Enis, Oklahoma City, for appellee.

Carl E. Moslander, Oklahoma City, for appellants.


BARNES, Justice:

This case presents a question of first impression in this jurisdiction.

We briefly summarize the events forming the basis for these proceedings. On September 21, 1970, the Appellee, in the performance of its public business, maintained and operated a 1,500-pair underground telephone cable in its easement and public right-of-way at a place located one-half mile west of McArthur on Britton Road in...

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